A bill banning surrogacy has been submitted to the State Duma today.
Recently, the entire network was buzzing, discussing a case in St. Petersburg when a woman refused to give the twins she had born to her biological parents. The situation turned out to be bad: the surrogate mother received money for her services, she was cared for and nurtured throughout her pregnancy, providing both high-quality nutrition and vitamins, and the services of doctors again.
Nobody knows exactly what the matter is: whether it’s awakened maternal feelings, whether it’s self-interest. After all, the woman already had children of her own. Plus two – and now she is a mother with many children, who can count on government assistance, right up to the improvement of living conditions. And the fee, of course.
The case went to court, which ruled: return the kids to their legal parents. Customers, sorry for the cynicism.
The case did not go unnoticed by lawmakers. Now in this area, so to speak, “services” there is no clear legal regulation. Parents-customers and mother-performer sign a civil contract, which spells out all the points to which the parties wish to pay attention. However, nothing prevents this agreement from being violated.
As a result, Senator Anton Belyakov came up with a proposal to ban surrogacy altogether. It often happens in our country: what is not able to control or structure properly should be prohibited, be it surrogacy or social networks.
– Even the adoption procedure is not required to transfer a child from a surrogate mother to “customer” parents. At the same time, in accordance with the Family Code of the Russian Federation (part 4 of Art. 51), biological parents can take a newborn from the hospital only after the surrogate mother gives her consent, – the publication quotes the deputy.
This, according to Belyakov, is the root of all evil: flaws in the legislation lead to the fact that surrogate mothers blackmail their customers. In addition, children are also deprived of rights in such a situation. If they are born with pathology, then both the surrogate mother and biological parents refuse them.
The question of the fee is again open here: what is the fault of the baby with a developmental defect? Unknown. In general, there are a lot of legal gaps.
Another point that unbearably strains the deputy: the fact that foreigners often turn to Russian women for the services of “mothers for hire”. Our surrogacy is cheaper, so they go to Russia.
Belyakov’s initiative was supported by the church – quite predictably. Physicians and lawyers opposed it. The former believe that prohibiting one of the ways to cope with infertility is stupid: after all, even IVF does not help many couples. The latter believe that it is necessary to work out the legal sphere of the relationship between biological parents and surrogate mothers. Although prohibiting, we repeat, is much easier.
Why, even Elena Mizulina, an apologist of traditional values, opposed the prohibition of surrogate motherhood. However, I did not forget to mention that this issue needs to be worked out carefully and from all sides: legal, medical and even ethical.
Interview
Do you think it is necessary to ban surrogacy?
– Yes. Poor people still can’t afford it.
– No. For some, this is the only way to have children.
– It is necessary not to cut from the shoulder, but to develop a normal law – so that everyone would be well.
– I will leave my opinion in the comments.